Relevant Legal Provisions

Article 320 of the Criminal Code：A person who, with the intent to unlawfully possess for themselves or a third party, steals another person's movable property, commits the offense of theft and shall be sentenced to imprisonment for not more than five years, short-term imprisonment, or a fine of not more than NT$500,000.

Facts and Reasons

The defendant, intending to unlawfully possess the property, rode in a car driven by an uninformed friend to an intersection. Upon seeing the victim’s (our client’s) personal passenger car parked unattended in a roadside parking space, the defendant used a key in their possession without authorization to steal the vehicle. After succeeding, the defendant immediately drove the car away from the scene, later discovered and reported by the victim.。

Prosecutor's Disposition

The above-mentioned theft case has concluded its investigation at the District Prosecutors Office, and prosecution has been deemed appropriate.

The defendant admitted to driving away the vehicle involved in the case but completely denied committing theft, claiming that prior to the alleged theft, the victim had sold the vehicle to the defendant. However, the defendant has failed to present any supporting evidence.
The victim denied knowing the defendant or being involved in any lending-related circumstances. The victim only realized the car had been stolen upon receiving a notice for a traffic fine related to the vehicle.

It has been determined that the defendant is suspected of committing the offense of theft under Article 320, Paragraph 1 of the Criminal Code. The prosecutor has filed a public prosecution with the court. As the stolen vehicle constitutes proceeds of crime, the prosecution requests that the court declare its confiscation. If full or partial confiscation is not possible or appropriate, the prosecution seeks to recover its equivalent value in accordance with the Code of Criminal Procedure.

(Some details of the case have been adjusted or omitted to protect the parties' rights.)

Attorneys: Herman Lyu